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Extradition Bill


Extradition Bill
Part 2 — Extradition to category 2 territories

    71

 

Documents

 136   Documents sent by facsimile

     (1)           This section applies if a document to be sent in connection with proceedings

under this Part is sent by facsimile transmission.

     (2)           This Act has effect as if the document received by facsimile transmission were

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the document used to make the transmission.

     (3)           The document received by facsimile transmission may be received in evidence

accordingly.

 137   Receivable documents

     (1)    A duly authenticated document issued in a category 2 territory may be

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received in evidence in proceedings under this Part.

     (2)    A document issued in a category 2 territory is duly authenticated if (and only

if) one of these applies—

           (a)           it purports to be signed by a judge, magistrate or other judicial

authority of the territory;

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           (b)           it purports to be authenticated by the oath or affirmation of a witness.

     (3)    Nothing in this section prevents a document that is not duly authenticated

from being received in evidence in proceedings under this Part.

Repatriation cases

 138   Persons serving sentences outside territory where convicted

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     (1)    This section applies if—

           (a)           a request is made for a person’s extradition to a category 2 territory and

the request contains the statement referred to in subsection (2), or

           (b)           a provisional warrant for a person’s arrest is sought on behalf of a

category 2 territory and the information laid before the justice contains

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the statement referred to in subsection (2).

     (2)    The statement is one that the person—

           (a)           is alleged to be unlawfully at large from a prison in one territory (the

imprisoning territory) in which he was serving a sentence after

conviction of an offence specified in the request by a court in another

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territory (the convicting territory), and

           (b)           was serving the sentence in pursuance of international arrangements

for prisoners sentenced in one territory to be repatriated to another

territory in order to serve their sentence.

     (3)    If the category 2 territory is either the imprisoning territory or the convicting

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territory—

           (a)           section 71(3) has effect as if the reference to the statement referred to in

subsection (4) of that section were a reference to the statement referred

to in subsection (2) of this section;

           (b)           section 74(1) has effect as if the reference to a person within subsection

40

(2) of that section were a reference to the person referred to in

subsection (1)(b) of this section.

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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     (4)    If the category 2 territory is the imprisoning territory—

           (a)           sections 72(2)(a), 74(3)(a) and 79(4)(b) have effect as if “an extradition

offence” read “an extradition offence in relation to the convicting

territory”;

           (b)           sections 75(7)(a) and 127(2) have effect as if “the category 2 territory in

5

which he is accused of the commission of an offence or is alleged to

have been convicted of an offence” read “the imprisoning territory”;

           (c)           section 75(10)(b) has effect as if “the category 2 territory” read “the

imprisoning territory”;

           (d)           section 79(2)(e) has effect as if “the category 2 territory” read “the

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convicting territory”;

           (e)                         section 86 has effect as if, in subsections (1)(c), (2)(c) and (3)(c), after

“entitled” there were inserted “in the convicting territory”;

           (f)                         section 119(4) has effect as if “a category 2 territory” read “the

convicting territory” and as if “the category 2 territory” in both places

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read “the convicting territory”;

           (g)           section 140(1) has effect as if “a category 2 territory” read “the

convicting territory”;

           (h)                         in section 140, subsections (2), (3), (4), (5) and (7) have effect as if “the

category 2 territory” read “the convicting territory”.

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     (5)    Subsection (1)(b) applies to Scotland with the substitution of “application by

the procurator fiscal sets out the matters referred to in paragraphs (a) and (b)

of subsection (2)” for “information laid by the justice contains the statement

referred to in subsection (2)”.

     (6)    Subsection (1)(b) applies to Northern Ireland with the substitution of “the

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complaint made to” for “the information laid before”.

Interpretation

 139   Extradition offences: person not sentenced for offence

     (1)    This section applies in relation to conduct of a person if—

           (a)           he is accused in a category 2 territory of the commission of an offence

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constituted by the conduct, or

           (b)           he is alleged to be unlawfully at large after conviction by a court in a

category 2 territory of an offence constituted by the conduct and he has

not been sentenced for the offence.

     (2)    The conduct constitutes an extradition offence in relation to the category 2

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territory if these conditions are satisfied—

           (a)           the conduct occurs in the category 2 territory;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

form of detention for a term of 12 months or a greater punishment if it

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occurred in that part of the United Kingdom;

           (c)           the conduct is so punishable under the law of the category 2 territory

(however it is described in that law).

     (3)    The conduct also constitutes an extradition offence in relation to the category 2

territory if these conditions are satisfied—

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           (a)           the conduct occurs outside the category 2 territory;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (b)           the conduct is punishable under the law of the category 2 territory with

imprisonment or another form of detention for a term of 12 months or

a greater punishment (however it is described in that law);

           (c)           in corresponding circumstances equivalent conduct would constitute

an extra-territorial offence under the law of the relevant part of the

5

United Kingdom punishable with imprisonment or another form of

detention for a term of 12 months or a greater punishment.

     (4)    The conduct also constitutes an extradition offence in relation to the category 2

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

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occurs in the United Kingdom;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

form of detention for a term of 12 months or a greater punishment if it

occurred in that part of the United Kingdom;

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           (c)           the conduct is so punishable under the law of the category 2 territory

(however it is described in that law).

     (5)    The conduct also constitutes an extradition offence in relation to the category 2

territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

20

occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the category 2 territory with

imprisonment for a term of 12 months or another form of detention or

a greater punishment (however it is described in that law);

           (c)           the conduct constitutes or if committed in the United Kingdom would

25

constitute an offence mentioned in subsection (6).

     (6)    The offences are—

           (a)           an offence under section 51 or 58 of the International Criminal Court

Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

           (b)           an offence under section 52 or 59 of that Act (conduct ancillary to

30

genocide etc. committed outside the jurisdiction);

           (c)           an ancillary offence, as defined in section 55 or 62 of that Act, in relation

to an offence falling within paragraph (a) or (b);

           (d)           an offence under section 1 of the International Criminal Court

(Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and

35

war crimes);

           (e)           an offence under section 2 of that Act (conduct ancillary to genocide etc.

committed outside the jurisdiction);

           (f)           an ancillary offence, as defined in section 7 of that Act, in relation to an

offence falling within paragraph (d) or (e).

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     (7)    If the conduct constitutes an offence under the military law of the category 2

territory but does not constitute an offence under the general criminal law of

the relevant part of the United Kingdom it does not constitute an extradition

offence; and subsections (1) to (6) have effect subject to this.

     (8)    The relevant part of the United Kingdom is the part of the United Kingdom in

45

which—

           (a)           the extradition hearing took place, if the question of whether conduct

constitutes an extradition offence is to be decided by the Secretary of

State;

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (b)           proceedings in which it is necessary to decide that question are taking

place, in any other case.

     (9)    Subsections (1) to (7) apply for the purposes of this Part.

 140   Extradition offences: person sentenced for offence

     (1)    This section applies in relation to conduct of a person if—

5

           (a)           he is alleged to be unlawfully at large after conviction by a court in a

category 2 territory of an offence constituted by the conduct, and

           (b)           he has been sentenced for the offence.

     (2)    The conduct constitutes an extradition offence in relation to the category 2

territory if these conditions are satisfied—

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           (a)           the conduct occurs in the category 2 territory;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

form of detention for a term of 12 months or a greater punishment if it

occurred in that part of the United Kingdom;

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           (c)           a sentence of imprisonment or another form of detention for a term of

4 months or a greater punishment has been imposed in the category 2

territory in respect of the conduct.

     (3)    The conduct also constitutes an extradition offence in relation to the category 2

territory if these conditions are satisfied—

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           (a)           the conduct occurs outside the category 2 territory;

           (b)           a sentence of imprisonment or another form of detention for a term of

4 months or a greater punishment has been imposed in the category 2

territory in respect of the conduct;

           (c)           in corresponding circumstances equivalent conduct would constitute

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an extra-territorial offence under the law of the relevant part of the

United Kingdom punishable with imprisonment or another form of

detention for a term of 12 months or a greater punishment.

     (4)    The conduct also constitutes an extradition offence in relation to the category 2

territory if these conditions are satisfied—

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           (a)           the conduct occurs outside the category 2 territory and no part of it

occurs in the United Kingdom;

           (b)           the conduct would constitute an offence under the law of the relevant

part of the United Kingdom punishable with imprisonment or another

form of detention for a term of 12 months or a greater punishment if it

35

occurred in that part of the United Kingdom;

           (c)           a sentence of imprisonment or another form of detention for a term of

4 months or a greater punishment has been imposed in the category 2

territory in respect of the conduct.

     (5)    The conduct also constitutes an extradition offence in relation to the category 2

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territory if these conditions are satisfied—

           (a)           the conduct occurs outside the category 2 territory and no part of it

occurs in the United Kingdom;

           (b)           the conduct is punishable under the law of the category 2 territory with

imprisonment or another form of detention for a term of 12 months or

45

a greater punishment (however it is described in that law);

 

 

Extradition Bill
Part 2 — Extradition to category 2 territories

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           (c)           the conduct constitutes or if committed in the United Kingdom would

constitute an offence mentioned in subsection (6).

     (6)    The offences are—

           (a)           an offence under section 51 or 58 of the International Criminal Court

Act 2001 (c. 17) (genocide, crimes against humanity and war crimes);

5

           (b)           an offence under section 52 or 59 of that Act (conduct ancillary to

genocide etc. committed outside the jurisdiction);

           (c)           an ancillary offence, as defined in section 55 or 62 of that Act, in relation

to an offence falling within paragraph (a) or (b);

           (d)           an offence under section 1 of the International Criminal Court

10

(Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and

war crimes);

           (e)           an offence under section 2 of that Act (conduct ancillary to genocide etc.

committed outside the jurisdiction);

           (f)           an ancillary offence, as defined in section 7 of that Act, in relation to an

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offence falling within paragraph (d) or (e).

     (7)    If the conduct constitutes an offence under the military law of the category 2

territory but does not constitute an offence under the general criminal law of

the relevant part of the United Kingdom it does not constitute an extradition

offence; and subsections (1) to (6) have effect subject to this.

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     (8)    The relevant part of the United Kingdom is the part of the United Kingdom in

which—

           (a)           the extradition hearing took place, if the question of whether conduct

constitutes an extradition offence is to be decided by the Secretary of

State;

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           (b)           proceedings in which it is necessary to decide that question are taking

place, in any other case.

     (9)    Subsections (1) to (7) apply for the purposes of this Part.

 141   The appropriate judge

     (1)    The appropriate judge is—

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           (a)           in England and Wales, a District Judge (Magistrates’ Courts)

designated for the purposes of this Part by the Lord Chancellor;

           (b)           in Scotland, the sheriff of Lothian and Borders;

           (c)           in Northern Ireland, such county court judge or resident magistrate as

is designated for the purposes of this Part by the Lord Chancellor.

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     (2)    A designation under subsection (1) may be made for all cases or for such cases

(or cases of such description) as the designation stipulates.

     (3)    More than one designation may be made under subsection (1).

     (4)    This section applies for the purposes of this Part.

 142   The extradition hearing

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     (1)    The extradition hearing is the hearing at which the appropriate judge is to deal

with a request for extradition to a category 2 territory.

     (2)    This section applies for the purposes of this Part.

 

 

 
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Revised 11 September 2003